Judgment reserved on leniency of O'Donoghue case

Semen found on the body of schoolboy Robert Holohan was not from his killer Wayne O’Donoghue, a court heard today.

Senior counsel for the accused today slammed prosecutors for not standing up during his trial and telling the truth.

Blaise O’Carroll told the Court of Criminal Appeal that O’Donoghue’s name had been blackened in an indescribable way when there was no basis or truth.

Referring to the victim impact statement read by Robert’s mother Majella at the end of the murder trial, Mr O’Carroll said it went into the heart of the nation.

Mrs Holohan questioned by the jury had not been made aware that semen had been found on the body of her dead son.

The Director of Public Prosecution was today appealing the leniency of the four-year jail sentence imposed on O’Donoghue in January by Mr Justice Paul Carney for the manslaughter of his 11-year-old neighbour.

O’Donoghue had been charged with murdering Robert at Ballyedmond, Midleton, Cork, on January 4, 2005. He was acquitted by jury in December 2005 but had pleaded guilty to his manslaughter.

O’Donoghue, 21, said he accidentally killed the boy in a row over throwing stones at his car.

The trial heard Robert died from asphyxia due to manual strangulation, which had been caused by minor injuries. The boy’s body was then dumped at Inch Strand. Both the victim’s and the accused’s parents were in the Dublin City Court House for the hearing.

Shane Murphy SC for the DPP told the three-judge court a number of factors should have been taken into account when sentencing the defendant.

He said the age, strength and size difference between the two was a major factor and called the killing a violent dangerous act and not horseplay as recorded by the trial judge.

The DPP also argued that the judge did not take into account the concealment of the killing and of Robert’s body, which prolonged the impact for his family.

Of Mr Justice Carney he added: “He mischaracterised the evidence and misunderstood it.”

Accusing the DPP of nitpicking and scraping the barrel, Mr O’Carroll said there were now glowing minor elements out of proportion because they failed to secure a murder conviction.

He said the jury had accepted his client had not intended to kill or cause serious harm.

Mr O’Carroll told the court the DPP had lost on the murder charge, lost on DNA and lost on pathology evidence and were now turning to other elements of the case such as the cover-up and minor injuries suffered.

“His guilty plea has been discounted and cast aside,” he said.

Referring to the judgment ruled by Mr Justice Carney as exemplary Mr O’Carroll added: “He took the cover up and suffering into account.

“He arrived at a balanced judgement.

“I would almost argue it was perfection itself.”

Ms Justice Fidelma Macken, presiding, reserved judgment on the appeal until October, saying it was not the type of case that could be dealt with in a day.